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Originality


Originality is the aspect of created or invented works by as being new or novel, and thus can be distinguished from reproductions, clones, forgeries, or derivative works. An original work is one not received from others nor one copied from or based upon the work of others.. It is a work created with a unique style and substance. The term "originality" is often applied as a compliment to the creativity of artists, writers, and thinkers. The idea of originality as we know it was invented by Romanticism, with a notion that is often called romantic originality.

The concept of originality is culturally contingent. It became an ideal in Western culture starting from the 18th century. In contrast, at the time of Shakespeare it was common to appreciate more the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention".

In law, originality has become an important legal concept with respect to intellectual property, where creativity and invention have manifest as copyrightable works. In the patent law of the United States and most other countries, only original inventions are subject to protection. In addition to being original, inventions submitted for a patent must also be useful and nonobvious.

In United States copyright law and the law of many other states, copyrights protect only original works of authorship, a property which has been historically and legally linked to a concept of "creativity". A work must pass a threshold of originality in order to be copyrightable.


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